Interpretation ID: aiam3088
MMC Services
Inc.
Suite 1960
3000 Town Center
Southfield
MI 48075;
Dear Mr. Ohinouye: This responds to your recent letter requesting an interpretatio concerning the proper 'designated seating capacity' for the 'Dodge D-50' and 'Plymouth Arrow' pick- up trucks. The trucks with which you are concerned have bench seats with 53.5 inches of hip room, with a contoured indentation at the center position for the gear shift lever. You believe that only two positions should be designated for this type of bench seat.; As stated in the preamble to the recent notice amending the definitio of 'designated seating position', and noted in your letter, the presence of a floor gear-shift lever would not normally be sufficient to discourage or make use of the center position on a large bench seat impossible, even if the bench seat has a slightly indented contour for the shift lever (44 FR 23232, April 19, 1979). The notice did state that there could conceivably be a vehicle design in which the gear-shift lever would constitute an impediment to sitting. For example, if the lever extended to within a few inches of the seat back, the center position could not easily be used. This does not appear to be the case with the 'Dodge D-50' or 'Plymouth Arrow', however.; Since the bench seats in the subject vehicles have 53.5 inches of hi room, well over the 50-inch caveat in the amended definition, it is the agency's opinion that there should be three designated seating positions. The photographs enclosed in your letter show that three test dummies can be placed on the bench seat, even though somewhat crowded. Moreover, these photographs show two 95th-percentile male dummies and one 5th-percentile female dummy. If two (or three) 5th-percentile female dummies had been used in your demonstration, instead, you would have illustrated that there is more than ample room for three passengers to sit comfortably on a 53.5-inch bench seat. Also, human beings obviously have more flexibility than the stiff test dummies used in your demonstration. We believe that if you use human subjects in this same experiment (a 95th-percentile male driver and two 5th-percentile female passengers, for example), you will see that three persons can easily and comfortably occupy these bench seats.; Finally, I would emphasize that this letter only represents th agency's opinion based on the information supplied in your letter. The NHTSA does not pass approval on any vehicle design, for any safety standards, prior to the actual events that underlie certification. It is up to the manufacturer to determine whether its vehicles comply with all applicable safety standards and regulations, and to certify its vehicles in accordance with that determination.; Sincerely, Frank Berndt, Chief Counsel